K.Thangamuthu vs The Superintendent Of Police
2023 Latest Caselaw 7661 Mad

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                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 05.07.2023

                                                           CORAM

                         THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                                Crl.O.P No.2148 of 2022

                K.Thangamuthu                                                            Petitioner

                                                     vs.
                1.The Superintendent of Police,
                  Namakkal District.

                2.The Sub Inspector of Police,
                  Elachipalayam Police Station,
                  Namakkal District.                                                   Respondents

                PRAYER: Criminal Original Petition filed under Section 482 of the Code of
                Criminal Procedure, to call for the records and quash the FIR report registered
                in Crime No.376 of 2021 on the 2nd respondent at Elachipalayam Police Station,
                Namakkal District.


                                        For Petitioner      : Mr.D.Vijayan

                                        For Respondents : Mr.A.Gopinath
                                                          Government Advocate (Criminal Side)

                                                           ORDER

This criminal original petition has been filed seeking to quash the FIR

registered by the 2nd respondent police under Section 107 of Cr.P.C. https://www.mhc.tn.gov.in/judis 2 of 4

2.Heard Mr.D.Vijayan, learned counsel appearing on behalf of the

petitioner and Mr.A.Gopinath, learned Government Advocate (Criminal Side)

appearing on behalf of the respondents.

3.Section 107 of Cr.P.C., only contemplates the execution of bond as

security in cases involving likelihood of breach of peace or disturbance of public

tranquility. Section 107 of Cr.P.C., is purely preventive in nature and the power

to initiate proceedings under Section 107 of Cr.P.C., lies only with the Executive

Magistrate. In view of the same, there is no scope for the 2 nd respondent police

to register an FIR under Section 107 of Cr.P.C., and the same is totally

unsustainable.

4.If there is a likelihood of breach of peace or disturbance of public

tranquility, it is left open to the authorities to keep in mind the judgment of this

Court in P. Sathish @ Sathish Kumar Versus State rep. by The Inspector of

Police-Law & Order, Chennai & Another reported in 2023 1 LW (Crl) 810

and act accordingly. Having given this clarity, this Court has to necessarily

interfere with the FIR that has been registered by the 2nd respondent and the

same is hereby quashed.

https://www.mhc.tn.gov.in/judis 3 of 4

5.This criminal original petition stands allowed in the above terms.

                                                                                         05.07.2023

                Index      : Yes/No
                Internet   : Yes/No

Speaking Order/Non-Speaking Order ssr

To

1.The Superintendent of Police, Namakkal District.

2.The Sub Inspector of Police, Elachipalayam Police Station, Namakkal District.

3. The Public Prosecutor, High Court of Madras, Madras.

https://www.mhc.tn.gov.in/judis 4 of 4

N. ANAND VENKATESH,. J.

ssr

Crl.O.P No.2148 of 2022

05.07.2023

https://www.mhc.tn.gov.in/judis